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HomeMy WebLinkAboutDWQ-2024-007588October 30, 2024 DIVISION OF WATER QUALITY UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY PUBLIC NOTICE OF MODIFICATION OF THE UTAH DEPARTMENT OF TRANSPORTATION INDIVIDUAL MUNICIPAL SEPARATE STORM SEWER SYSTEM PERMIT PURPOSE OF PUBLIC NOTICE The purpose of this public notice is to declare the state of Utah’s intention to modify a Utah Pollutant Discharge Elimination System (UPDES) permit under authority of the Utah Water Quality Act, Section 19-5-104 and 107, Utah Code Annotated 1953, as amended. Said “permit” refers to UPDES permit and the statement of basis, including the total maximum daily loads (TMDL’s) if applicable, as per section 303 (d) of the Federal Clean Water Act (CWA). PERMIT INFORMATION PERMIT NAME:Utah Department of Transportation Municipal Separate Storm Sewer System (MS4) UPDES Permit PERMIT NO:UTS000003 BACKGROUND The Federal Clean Water Act requires that stormwater discharges from certain types of facilities be authorized under stormwater discharge Permits (See 40 CFR 122.26.). The goal of the stormwater Permits program is to reduce the amount of pollutants entering streams, lakes and rivers as a result of runoff from residential, commercial and industrial areas. The original 1990 regulation (Phase I) covered municipal (i.e., publicly-owned) storm sewer systems for municipalities over 100,000 population. The regulation was expanded in 1999 to include smaller municipalities. This expansion of the program to include small MS4s is referred to as Phase II. This Permit covers new or existing discharges composed entirely of stormwater statewide. The Utah Department of Transportation (UDOT) is divided into four geographical areas called regions, which covers Utah statewide. A brief description of each region is below: Region 1:Covers the northern part of the state from North Salt Lake northward, including the following counties: Davis, Weber, Morgan, Box Elder, Cache and Rich. Region One headquarters is located in Ogden. Region 2:Includes densely populated urban areas along the Wasatch Front, and sparsely populated rural and desert lands, including Salt Lake County, Summit County and Tooele County. Region two headquarters is located in Salt Lake City. Region 3:Includes Utah, Juab, Wasatch, Duchesne, Uintah and Daggett Counties. Region three headquarters is located in Orem. Region 4:Includes Millard, Beaver, Iron Washington, Carbon, Emery, Grand, San Juan, Sanpete, Sevier, Wayne, Piute, Garfield and Kane counties. Region four headquarters is located in Richfield The State of Utah was granted primacy in the National Pollutant Discharge Elimination System (NPDES) program by USEPA in 1987. In Utah, stormwater discharge Permits are issued by the Director. Utah’s program is known as the Utah Pollutant Discharge Elimination System (UPDES) Program. The requirements of this Permit are intended to reduce the discharge of pollutants to the maximum extent practicable and meet water quality standards through the development and implementation of a Storm Water Management Program (SWMP). This Permit serves as a modification of the previous UDOT Municipal Separate Storm Sewer (MS4) Permit, UTS000003, issued August 31, 2021. This Permit is intended to cover new or existing discharges composed entirely of stormwater from the UDOT MS4, which is required by the State to obtain permit coverage. The significant changes made since the most recent Permit Renewal (August 31, 2021) and Modification (August 16, 2023) were made as a result of legislation which impacted procedures for MS4 oversight authority and inspections. See Utah Code § 19-5-108.3. Changes were also made to the definitions of a “qualified person” to conduct MS4 oversight after DWQ review of UDOT’s updated training.PUBLIC COMMENTS During the public comment period provided under Utah Administrative Code (UAC) R317-8-6.5, any interested person may submit written comments on the draft permit and may request a public hearing if no hearing has already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. All comments will be considered in making the final decision and shall be answered as provided in UAC R317-8-6.12. Public comments are invited any time prior to of the close of business on November 30, 2024. Written public comments can be submitted to: Kelsee York, General Permitting Section, Utah Division of Water Quality, PO Box 144870, Salt Lake City, Utah 84114-4870 or by email at:wqcomments@utah.gov. After considering public comment the Utah Water Quality Board may execute the permit change, revise it, or abandon it.The permit and associated documents are available for public review under “Public Notices” at https://deq.utah.gov/division-water-quality. If internet access is not available, a copy may be obtained by calling Kelsee York at 385-260-2760.